Editorial: Hate crimes bill isn't the answer

Rep. Chisum tires to clean up legislation

Posted: Wednesday, May 02, 2001

State Rep. Warren Chisum, R-Pampa, was one of only 10 House Republicans to vote April 23 for the James Byrd Jr. Hate Crimes Act. The controversial bill would mediate justice on the demographics of a victim rather than the crime committed by an individual.

The House, primarily on partisan terms, passed the legislation, 87-60. The measure would stiffen punishment for crimes deemed motivated by hate.

All 77 House Democrats voted for the bill, which faces opposition in the Senate. Gov. Rick Perry's public support for the legislation has been lukewarm at best.

A hate crimes bill failed in 1999, and if equal justice for all truly is a priority for state legislators, this latest attempt to categorize crime and punishment along racial, ethnic and even sexual lines should meet a similar legislative fate.

To his credit, Chisum attempted to derail the bill in the House with an unsuccessful proposal allowing the Senate to consider the legislation first.

However, Chisum modified his stance when an amendment was added replacing "sexual orientation" with "sexual preference."

"I was originally against it. I was successful in putting an amendment in there that pared back to a great deal the civil liability and brought it to a higher level of proof," Chisum said. "By stating it is a preference it says that sexuality is a preference and not a birthright."

Chisum describes his support of the amended bill as choosing the lesser of two evils.

When Chisum's attempt to table the bill failed, it was a foregone conclusion the bill would pass the House.

"It was obvious it was going to pass," Chisum said. "It was in my interest to do everything I could to clean it up as much as I could.

"It was an easy 'no' vote, but sometimes a 'no' vote is more dangerous than trying to fix it."

Before his amendment was approved, Chisum feared the bill's sexual orientation designation was too broad. The amendment specifies only heterosexuality, homosexuality or bisexuality.

Chisum deserves recognition for attempting to make the best of a bad bill, but the possibility of administering justice along such terms is both troubling and constitutionally questionable.

For example, an individual charged with murder should not be held to a greater judicial standard simply because of the victim's skin color, religious affiliation or sexuality.

The possibility that any of these personal characteristics should be parameters for punishment makes a mockery of the equality of justice.

Two of the three individuals responsible for the brutal dragging death of James Byrd Jr. received the punishment they justly deserve - a spot on death row.

It is unlikely any hate crimes law would have resulted in a similar sentence for the third individual, who did not play as significant a role in the heinous crime.

The primary concern is that these individuals face a death sentence not because they chained an African-American to a truck and dragged him to death, but because they committed this atrocity against a human being.A996/28?d N8310-.,-+4//,025@rP9010-,)('((.00+*'%*+,-0*(,+)'')..01/*')'(--$'('&)*,()'''(++%'+-)(&&'*.(),0*(,0..)'//G_9400303..+,/0/0---.+31-0,07ADf-oN>20-)'1++0,+0.,,//.)'*)&'++&S300+,)+,1//-.,)((()*)),&0L^@oT>@2402?JD8B